APPEAL – LITIGATION/PRACTICE/PROCEDURE CASES OF NIGERIAN COURTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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| TITLE | MAIN ISSUES |
| 7 UP BOTTLING CO. LTD. V.ABIOLA AND SONS BOTTLING CO. LTD(CA) | APPEAL ‑ Stay of execution ‑ When it can he made in the first instance to the Court of Appeal ‑ Need to show special circumstances ‑ What constitutes special circumstance – Order 3 Rule 3(4) of the Court of Appeal Rules, 1981 (as amended in 1984) construed. |
| 7-UP BOTTLING COMPANY LTD. & ORS V. ABIOLA AND SONS NIGERIA LTD | APPEAL – EXERCISE OF DISCRETION: Attitude of appellate court to exercise of discretion by the trial court |
| A. A. AJAYI V. ABUDU LASISI AJIBOLA ODUNSI | |
| A. AMEH A. AKPA DIGA v. ADAM TONY | APPEAL:- Limitations of the general powers of the Court of Appeal – Whether it is the grounds of appeal that activates the jurisdiction of the appellate court to adjudicate on matters placed before it in an Appeal- Vital ingredients for the invocation of the Section 15 power of the Court of Appeal |
| A. C. B. v. OBMIAMI BRICK AND STONE |
APPEAL – Appeal from High Court to Supreme Court – Whether competent. APPEAL – Exercise of discretion – Ground of appeal challenging – Whether in all cases one of mixed law and fact – Exception thereto. |
| A. G. ANAMBRA STATE V. A. G. FEDERATION | APPEAL – Appellate jurisdiction of the Supreme Court – Scope of. |
| A. G. FED. v. GUARDIAN NEWSPAPERS LTD. |
APPEAL – Issues for determination – Formulation of- Rules governing. APPEAL – Supreme Court – Previous decision thereof- Bindingness of – When it will revisit and overrule same – Duty on parry calling for the revisit or overruling – What he roust do to succeed. |
| A-G, OYO STATE V. FAIRLAKES HOTEL LIMITED | APPEAL:- Fresh points on appeals – Application for leave to raise new points not raised in court below – Motion on Notice pursuant to Order 6 c5(1), Supreme Court Rules, 1985 – Objection in limine by opposing party – Powers of Supreme Court to entertain new points not raised below -Section 22, Supreme Court Act, 1960. |
| A. I. C. LIMITED V NIGERIAN NATIONAL PETROLEUM CORPORATION |
APPEAL – Decision of lower court – Where right but based on wrong reasons – Whether appellate court will set aside. APPEAL:- Fresh issue on appeal -Fresh point in the Supreme Court – When may be raised – Need for leave therefor. |
| A.C.B. LTD V KOTUN | |
| A.C.B. LTD. v. OBA | APPEAL -Findings of fact and evaluation of evidence by trial court-Trial court failing to properly evaluate the evidence before it-Wrong inference made from admitted facts – Attitude of appellate court thereto. |
| A.C.B. LTD. BENIN CITY V. EHIEMUA AND ANOTHER | |
| A.G. IJALE V A.G.LEVENTIS AND CO.LTD. |
APPEAL – Evidence of expert in conflict with findings of trial Court 6y another Judge – Judge preferring expert evidence – Propriety of. APPEAL – Raising fresh point on appeal – Impropriety. |
| A.G. LEVENTIS NIGERIA PLC V AKPU | APPEAL |
| A.G. OF THE GAMBIA v PIERRE SARR N’JIE | APPEAL: When a person not party to a suit may be allowed to appeal decision arising from that suit – power of the Attorney General thereto |
| A.G. ONDO STATE V. A.G. EKITI STATE | APPEAL – Appellate court – circumstances when it can interfere with exercise of discretion by trial court. |
| A.T. AND E. CO. LTD. V. FEDERAL MILITARY GOVT. II | APPEAL:- to Supreme Court (Civil) – Rights of appeal – High Court opinion on questions of law referred by Arbitrator – Whether any appeal lies therefrom. |
| A.T. AND E. CO. LTD. V. FEDERAL MILITARY GOVT. | APPEAL:- Leave to appeal – No tangible ground – Whether leave ought to be refused. |
| ABABA AND ANOTHER V. ADEYEMI | APPEAL:- Wrong heading of Notice of Appeal – Appeal struck out. |
| ABAMPA UGUONG V THE QUEEN | APPEAL:- Leave to appeal – No tangible ground – Whether leave ought to be refused |
| ABASI V. ONIDO (CA) | APPEAL Findings of fact by trial court Attitude of appellate court thereto When it will interfere therewith. |
| ABAYE V OFILI | APPEALS:- To Supreme Court – New point raised – Permissibility where substantial point of law involved and all relevant facts already before court and no satisfactory explanation in courts below – Illegality of State Lands (Cancellation of Leases) Edict of Rivers State – Issue raised for first time in Supreme Court following its decision in another case nullifying the Edict. |
| ABBEY V ALEX (CA) |
APPEAL – Appeal from Court of Appeal to Supreme Court- Notice of appeal not containing a single ground of law, – Effect thereof. APPEAL – Appeal from Court of Appeal to Supreme Court – Question of lam, for purposes of determining whether leave to appeal is required – Meaning of. APPEAL – Appeal from Court of Appeal to Supreme Court – Question of law, Question of fact, Question of mixed law and fact -Meanings and distinctions for purpose of determining whether leave to appeal is necessary. APPEAL – Appeal from Court of Appeal to Supreme Court -Where leave required -Failure to obtain leave -Notice of appeal not containing a single ground of law – Effect on application for stay of execution. APPEAL – Exercise of discretion – Whether a question of lam, or fact for purpose of leave to appeal from Court of Appeal to Supreme Court APPEAL – Findings of facts -Whether a question of law or of fact which requires leave to appeal to Supreme Court. APPEAL – Grounds of appeal – Classification of – Relevance of particulars |
| ABDU V. THE STATE |
APPEAL – COURT:- Proper steps for an appellate court to take where the lower court has failed to properly evaluate the evidence led by parties at the trial – When the question of credibility of witnesses would not arise – Whether to order a retrial or carry out the evaluation of the evidence available on the records – When the case of the Respondent revolves around unchallenged testimonies of the prosecution witnesses and the confessional statement of the Appellant – Whether court can exercise its power of evaluation of evidence APPEAL:- Formulation of an issue on appeal – Effect when ground of appeal discloses no issue for determination |
| ABDUL MAJEED NASIRU V COMMISSIONER OF POLICE | APPEAL – INTERFERENCE WITH FINDINGS OF LOWER COURT: When would be proper for the appellate court to interfere the trial courts’ findings |
| ABDULKARIM v. INCAR | APPEAL:- Leave to appeal -Order made with consent of parties – What amounts to “consent” – Section 220(2)(c), 1979 Constitution considered. |
| ABDULLAHI BAlDO V. SIKIRU USMAN | APPEAL:- Respondent to appeal- Failure of to appear at hearing -Effect of on onus of appellant to prove its case. |
| ABDULLAHI ISA v THE QUEEN | APPEAL – Finding of fact by Trial Court – Attitude of Appellate Courts to invitation to interfere therewith – How treated |
| ABE V AKAAJIME | APPEAL – Appeals – Proceedings relating thereto – Guiding principles.
APPEAL – Fresh point- Leave to file additional ground of appeal sought and granted – Additional ground raising fresh point- Whether leave of court required to argue fresh point APPEAL – Fresh point – New issues on appeal – Objection thereto – When to raise. APPEAL – Ground of appeal – Abandoned ground of appeal – Argument thereon – Whether court can entertain. APPEAL – Ground of appeal abandoned – Parties arguing and court pronouncing on abandoned ground -Whether such abandoned ground can be raised at appellate court |
| ABIBU V. BINUTU AND ANOTHER | APPEALS:- Findings of fact by trial court – When appellate Court may interfere and make an order of retrial – Principles governing. |
| ABIEGBE V UGBODUME | APPEALS:- Finding of fact by lower courts not appealed against – Effect of – Attitude of appellate court thereto. |
| ABIETO ALAGOMA & ORS v. SHELL PET. DEV. CO. LTD | APPEAL- GROUNDS OF APPEAL:- how Court determines an appeal |
| ABIODUN V. FASANYA | APPEAL:- Where Defendant did not file pleadings and moved court to dismiss claims – Where Trial court granted injunction- When Appeal court may interfere |
| ABINA AND OTHERS. V. TIKA TORE PRESS LTD. | APPEAL:- Application to High Court for stay of execution pending determination of appeal refused – Application for stay to Supreme Court – whether application could be heard in Supreme Court under order VII rule 37 without an appeal being formally entered in Supreme Court. |
| ABIODUN ADELAJA V OLATUNDE FANOIKI & ANR | |
| ABIODUN FAMUROTI V. MADAM S. AGBEKE | APPEAL:- Attitude of court to concurrent findings of lower courts – Whether every error discovered on appeal will automatically lead to the reversal of a judgment |
| ABIODUN ODEDIRAN V THE STATE | APPEAL:- Right of appeal – Constitutional nature of – Person convicted and sentenced for offence of murder -Right of appeal of – Automatic nature of – Duty on court to give effect thereto. |
| ABIODUN OLAOSEBIKAN V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS. | APPEAL – ISSUES FOR DETERMINATION:- whether appellate court is duty bound to take all issues as formulated by the parties |
| ABIODUN V ADEHIN | APPEAL: Grounds of appeal – Preparation thereof – Need for care. |
| ABIOLA & SONS BOTTLING CO. LTD V. 7UP BOTTLING CO. LTD & ORS | APPEAL:- whether Court is not bound to resolve any issue which has no effect one way or the other on the matter in dispute- whether court is bound to address and render a decision on every issue for determination- when a cross appeal is filed- |
| ABIORO V. THE STATE | |
| ABISI V. EKWEALOR |
APPEAL – “Misdirection” – Ground of appeal alleging misdirection in law – Meaning of misdirection. APPEAL – Brief of argument – Purpose of APPEAL:- Brief writing – Issues for determination – Formulation of – Purpose. APPEAL:- Brief writing – Issues for determination – Need to arise from and be related to grounds of appeal – Issue not arising from any ground of appeal – Whether competent – How treated. APPEAL:- Brief writing – Requirements of a good brief. APPEAL:- Evaluation of evidence – Primary function of trial court -When appeal court may interfere. APPEAL:- Fresh point on appeal – Raising estoppel for the first time on appeal – Whether permissible. APPEAL:- Grounds of appeal – “Misdirection” – What amounts to. APPEAL:- Grounds of appeal – Appeal court raising suo motu issue not farming grounds of appeal – Whether proper. APPEAL:- Grounds of appeal – Complaint that judgment is against the weight of evidence – What it postulates. |
| ABISOGUN V. ABISOGUN | APPEAL:- Appeal from High Court to Supreme Court – Whether competent.
APPEAL:- Exercise of discretion – Ground of appeal challenging – Whether in all cases one of mixed law and fact – Exception thereto. APPEAL:- Grounds of appeal -Classification of-Ground challenging exercise of discretion – When it can be one of law alone – Relevant consideration. |
| ABOABA V KALAIWO | APPEAL:-Order for retrial; reason: absence of finding on important issue. |
| ABODERIN V. MORAKINYO | |
| ABODUNDU V THE QUEEN | APPEAL:- Criminal appeal – Re-trial- When to be ordered -Applicable principles. |
| ABRAHAM V OLORUNFUNMI(CA | APPEAL:- Findings of fact of trial court – Attitude of appellate court. |
| ABUBAKAR DAN SHALLA V. THE STATE | |
| ABUBAKAR V. FEDERAL MORTGAGE BANK LTD.(CA) | APPEAL – Hearing of appeal – need for appellate court to refrain from commenting on issues not placed before it.
APPEAL – Hearing of appeal – respondent absent without filing brief – court to entertain appeal on the strength of appellant’s brief – order 6 rule 9(5) of the Court of Appeal Rules Cap. 62 of 1990 applied. |
| ABUKAR V THE STATE | |
| ABUSOMWAN V MERCANTILE BANK OF NIG. LTD. | APPEALS:- Findings of fact where trial court fails to evaluate evidence and make correct findings – Findings of fact peculiarly within province of trial court. Agency – Disclosed principal – Whether he may be sued or sue on contract. Tort – Negligence – Failure of banker to adhere to instructions on banker’s guarantee – Effect. |
| ABUSOMWAN V. AIWERIOBA AND ANOTHER | APPEAL – Retrial order – When made – Principles guiding. |
| ACB PLC VS EMOSTRADE LTD |
APPEAL:- Issue for determination – formulation of in a brief – Need for same to arise and be founded on a ground or grounds of appeal filed – Whether parties to an appeal will not be allowed to argue any issue not covered by the grounds of appeal – Effect APPEAL: Issues for determination – Splitting of ground of appeal into more than one issue for determination – Validity – Whether a ground or more grounds of appeal may be related to an issue and argued together but a ground of appeal may not be framed into several issues and canvassed separately APPEAL:- Omnibus ground of appeal – Where relates to examination or review of quantum of damages – Validity APPEAL:- Ground of appeal – Ground relating to quantum of damages – Whether quantum of damages can only be questioned by a ground of law and not of fact |
| ACHIAKPA V NDUKA | APPEAL – Finding of facts by trial court – attitude of Appellate court thereto.
APPEAL – Grounds of Appeal – issues for determination not contained in the grounds of Appeal – whether an appellate court can hear and decide such issues. APPEAL – Obiter Dictum – whether it can be appealed against. APPEAL – Supreme Court – concurrent findings offact – attitude of Supreme Court thereto. APPEAL – Supreme court – Order of retrial – when Supreme Court will order a retrial. |
| ACTION CONGRESS OF NIGERIA v. SULE LAMIDO & ORS | APPEAL:- whether the concurrent judgments of the two lower courts were right |
| ADAJE V STATE | APPEAL:- Finding of fact of trial court – Attitude of appellate court to invitation to interfere with same unless the decision arrived at pursuant to such findings was unreasonable, unwarranted and cannot be supported having regard to such evidence |
| ADAM EUNICE ENABULELE VSM. MADAM OMOYEVBESE AGBONLAHOR | APPEAL:- When appeal will be held frivolous by reason of grounds exhibited to affidavit supporting application for stay of execution |
| ADAMA V. ANAJA (CA) | APPEAL:– Ground of appeal – whether same can allege an error in law and a misdirection of facts at the same time.
APPEAL:– Grounds of appeal – misdirection and error of law – meaning and distinction between. APPEAL:– Grounds of appeal – nature of. |
| ADAMO AKINWUMI AND 4 ORS. V. G.O.LATOKUN | APPEAL:- Findings of fact – Trial court believing contradictory evidence and basing judgment thereon – Attitude of the Supreme Court thereto. |
| ADAMU SULEMAN & ANOR. V. COMMISSIONER OF POLICE, PLATEAU STATE | APPEAL – INTERFERENCE WITH TRIAL COURTS’ DISCRETION: When Appellate Court will interfere with decision of lower court |
| ADANA V. ONOJA(CA) | APPEAL:- Filing an appeal from the decision of the High Court given in its appellate jurisdiction- whether leave is required when grounds of appeal are of law and fact. |
| ADEBAJO V ADEBAJO (S.C.) | |
| ADEBANJO OGUNBANJO V THE STATE | |
| ADEBAYO V. IGHODALO | APPEAL:– Findings of fact – Concurrent findings of the lower: courts – Attitude of the supreme court thereto -When it will interfere. |
| ADEBAYO ATILADE V. LUCETTA ATILADE | |
| ADEBAYO V JOHNSON | APPEAL |
| ADEBAYO V. THE REPUBLIC | |
| ADEBISI JACOB OLAWEPO V. SECURITIES AND EXCHANGE COMMISSION | APPEAL – GROUND OF APPEAL:- Effect of issue for determination not formulated from a ground of appeal |
| ADEBISI MACGREGOR ASSOCIATES LIMITED V NIGERIA MERCHANT BANK LIMITED | |
| ADEBOLA OREDOYIN V AKALA AROWOLO | |
| ADEBOTE V THE QUEEN | |
| ADEBOWALE V AINA | APPEAL:- Damages – Attitude of Appellate Court. |
| ADEDEJI Vs. NATIONAL BANK OF NIGERIA LTD (CA) | APPEAL:– Issues for determination – power of Court of Appeal to condense issues formulated by parties. |
| ADEDEJI ADESANYA v. FDERAL REPUBLIC OF NIGERIA | APPEAL:- factors appellate court must satisfy itself of in other to justify an order of retrial- whether a court can draw inferences from the facts of the case and the record to determine an issue addressed or raised at the trial, even if it is not specifically raised as an issue by the parties on appeal |
| ADEDEJI V OLOSO | APPEAL:- Right of appeal – Section 241(2)(c) of 1999 Constitution of Federal Republic of Nigeria – Purport of – Whether deals with consent judgment. |
| ADEDEJI V. POLICE SERVICE COMMISSION | |
| ADEDIJI AND ANOTHER V. AKINTARO AND ORS |
APPEAL:- Briefs – Co-respondent filing a brief different from respondent’s brief – When it will not he allowed. |
| ADEDIRAN V INTERLAND TRANSPORT LIMITED | APPEAL:- Appeal court deciding to use document on which no issue joined – Need to call for counsel’s address.
APPEAL:- Fresh point on appeal – When it will be allowed. |
| ADEFULU V OKULAJA | APPEAL:- Judgment of trial court – Where declared null and void by appeal court – Effect on trial court. |
| ADEGBAIYE V AKINRIMISI | APPEAL:- Civil Appeal – Intervention with findings of fact made by trial court Power of Court of Appeal to amend pleadings. |
| ADEGBAIYE V. AKINRIMISI | APPEAL:- Civil Appeal – Interference with findings of fact made by trial court – Attitude of appeal court thereto |
| ADEGBESAN V. THE STATE | APPEAL:- Filing of – When deemed properly filed |
| ADEGBOYEGA OKUSANYA; CLERIC (NIG) LTD. CO-OP. BANK LTD V. GBEMINIYI OGUNFOWORA | |
| ADEGOKE MOTORS LTD. V. ADESANYA |
APPEAL:- Raising fresh point – Attitude of Supreme Court. APPEAL:- What is an appeal. |
| ADEGOKE V ADIBI | APPEAL:- Appellate Court setting aside judgment of an inferior court suo motu when there is no ground of appeal on it- Whether proper-Failure of trial court to evaluate evidence – Duty of appellate court thereof. |
| ADEGOROYE VS. ALLIANCE FOR DEMOCRACY | APPEAL:– Grounds of appeal – where a ground of appeal complains of a misdirection and also an error at the same time – competence of – order 3 rule 2 of the Court of Appeal Rules 2002 considered thereunder. |
| ADEHI V ATEGA | APPEAL:- Brief writing – Purpose and functions of brief of argument – Where brief fails to satisfy rules of brief writing – How such brief treated.
APPEAL:- Supreme Court -Where briefs filed but party absent at the hearing – How such appeal treated – Order 6 rule 8(6) of the Supreme Court Rules, 1985 considered. |
| ADEKEYE AND ORS. V. AKIN-OLUGBADE | APPEAL:- S.16 Court of Appeal Act – Nature of |
| ADEKOYA V FEDERAL HOUSING AUTHORITY (CA | |
| ADEKUNLE V UNIVERSITY OF PORT HARCOURT(CA | APPEAL – JURISDICTION:- When issue of jurisdiction can be raised |
| ADELAJA V ALADE(2) | APPEAL:- Amendment – Notice of Appeal -Amendment of- Applicant seeking an order deeming amended notice of appeal as properly filed and served – Duty on him in respect thereof.
APPEAL:- Amendment of pleadings on appeal -Guiding principles. |
| ADELAJA V SALO | APPEAL:- Findings of fact not made by trial judge – Duty of appellate court. |
| ADELE v. STATE | APPEAL:- Evaluation of evidence and findings of fact by trial court -Attitude of appellate court thereto – When it will interfere. |
| ADELEKAN V ECU-LINE NV |
APPEAL:- Party who desires to appeal to the Supreme Court – What he must do. APPEAL:- Appellant who wishes to appeal out of time – Duty of. APPEAL – Enlargement of time to appeal – Power of Supreme Court to enlarge time and how exercised. APPEAL:- Grounds of appeal -Need for ground of appeal to challenge the validity of the decision appealed against. APPEAL:- How an appeal is initiated. APPEAL:- Issues – Formulation of issues outside the grounds of appeal – Consequence of. APPEAL:- Issues for determination – Consequence of formulating issues outside the grounds of appeal. APPEAL:- Issues for determination -Need to arise from grounds of appeal. |
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JUDGMENTS OF NIGERIAN COURTS |
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